Husband concealed AIDS, and the pregnant wife divorced!The court judged this …

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After the introduction of Li and Jiang Mou, he quickly determined his love relationship.In April 2020, Li was pregnant and registered for marriage on June 28. At this time, Jiang had been suffering from AIDS for 8 years.

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Lover with a stable emotional affection

Step into the palace of marriage

There is also the crystallization of the two people’s love in the abdomen

Who would like to get a certificate the next day

Husband take the initiative to inform

I have suffered from AIDS for many years

… …

AIDS is not a disease that causes invalid marriage

Before the implementation of the Civil Code

This marriage does not comply with the provisions of the Marriage Law

Revisible situation

How can a wife who want to divorce get relief?

January 4, 2021

Meilong Court, People’s Court of Minhang District, Shanghai

Applicable for the first time of the "Civil Code"

The special marriage cancellation case was sentenced

The marriage of the plaintiff Li and the defendant Jiang Mou

A recoverable marriage

Withdraw

After the introduction of Li and Jiang Mou, he quickly determined the relationship between love. After the engagement in November 2019, the two sides began to live together.

In April 2020, Li was pregnant. On June 28, the two sides registered to get married and conducted pre -marital inspections at the institution designated by the civil affairs organs on the day.At this time, Jiang had been suffering from AIDS for 8 years.

On the next day, the results of the marriage check came out, and the doctor asked Jiang to take the initiative to be frank to Li Mou’s illness. Otherwise, the doctor would tell Li.Until the 29th, Jiang took the initiative to confess that Li Mou knew that people at the pillow had suffered from AIDS for many years.

Although Li insisted that the AIDS he suffered from the infection period was no longer in the infection period, and the possibility of transmitting Li and his baby in his abdomen was very small, and finally proved that Li was not infected.accept.Although the two had a good foundation before, after struggling with their hearts, Li still decided to terminate pregnancy and sued with the Minhang District People’s Court of Shanghai.

The trial transcript shows that the defendant Jiang had argued during the trial that he repeatedly told Li that he had serious illness during the communication process and might not be suitable for marriage, but Li said that as long as the relationship is good, this is not a problem.Do not tell her.

In this regard, Li said that Jiang did not say that he was not suitable for marriage.

According to relevant laws, AIDS does not belong to a disease that causes invalid marriage.In this case, although the defendant suffered from AIDS, after a long period of drug control, it was no longer within the infection period. Therefore, if the plaintiff’s prosecution requested that the marriage was invalid, it would not be supported; if the plaintiff’s prosecution requested to cancel the marriage, it would not meet the "Marriage Law" regulations.The withdrawal situation; the plaintiff, as a non -wrong party, could not get effective relief.

Due to the particularity of the case, the judge conducted a lot of meticulous demonstrations after the case was filed. Starting from the benefit of the faulty party, according to Article 1053 of the Civil Code officially implemented on January 1, "If one party suffers from major illnesses, it shall have a major illness.Inform the other party before marriage registration; it is better to inform the other party, and the other party can ask the people’s court to revoke the marriage. "The court tried that the defendant in this case did not tell the plaintiff’s fact that he had AIDS before the marriage registration.In the next year, he sued the court to ask for the cancellation of marriage and should be supported. Therefore, the marriage relationship of the original defendant was revoked according to law.After the marriage relationship of the original defendant was revoked, the marriage between the two sides had no legal binding power from the beginning.

Judge

After the implementation of the Civil Code, not only will the register be registered to conceal the major illness before marriage as one of the cases that can be revoked by the wrong party, but also given the right to claim damage compensation without the wrong party. The plaintiff has obtained the most effective way to defend rights.

In this case, although the former and defendants registered the marriage time before the implementation of the "Civil Code", after the "Civil Code" was promulgated, the marriage status of the original and defendants continued to this day.The new regulations are based on the benefits of protecting the faulty party, and in accordance with the principles of profitability, the court finally made the above judgment in accordance with the relevant provisions of the Civil Code.

(Original title: There is a child to conceal the history of AIDS, and the Shanghai Court applied for the first time to cancel the marriage relationship)

Source: Shanghai Legal Daily

Source: Chinese Search

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